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Activists face RICO charges over ‘Cop City’ protest

Georgia's attorney general has accused the Defend the Atlanta Forest movement of being an "anarchist, anti-police, and environmental activism" organization.

ATLANTA (CN) — More than 60 activists who opposed the controversial construction of the planned public training center dubbed “Cop City” are facing racketeering charges in an indictment unveiled Tuesday. 

Brought by the Georgia Attorney General’s Office, the 109-page indictment was handed up last week by the same Fulton County grand jury panel that also handed up the RICO indictment against former President Donald Trump and 18 others to local prosecutors. 

Prosecutors say Defend the Atlanta Forest is a “criminal enterprise” that seeks to occupy “parts or all 381 forested acres in DeKalb County, Georgia, that is owned by Atlanta Police Foundation and leased by the city of Atlanta for the purpose of preventing the construction of the Atlanta Public Safety Training Center.”

“Each individual charged in this indictment knowingly joined the conspiracy in an attempt to prevent the training center from being built. That conspiracy contained a common purpose to commit two or more acts of racketeering activity in Fulton County, Georgia, elsewhere in the State of Georgia, and in other states,” prosecutors say in the indictment.

It goes on to describe Defend the Atlanta Forest as a "self-identified coalition and enterprise of militant anarchists, eco-activists, and community organizers.”

“Based in Atlanta, this anarchist, anti-police, and environmental activism organization coordinates, advertises, and conducts 'direct action' designed to prevent the construction of the Atlanta Police Public Safety Training Center and Shadowbox Studios (previously known as Blackhall Studios) and promote anarchist ideas,” prosecutors say in the indictment.

They say ideas of “collectivism, mutualism/mutual aid, and social solidarity” are promoted by anarchists, such as the Defend the Atlanta Forest movement.

Some critics of the police training facility project say that the movement is not an organized group, and that “Defend the Atlanta Forest” is just a slogan used by people all over and across many different organizations.

The planned training center, which is set to be the nation's largest, has drawn opposition from local residents to activists from around the country and even internationally, who say they want to preserve what is one of the urban area's largest remaining green spaces. They also fear the massive facility they have dubbed "Cop City" will perpetuate greater militarization of the police nationally and exacerbate the over-policing of poor and majority-Black communities.

Sixty-one protesters have been charged with violating Georgia’s Racketeer Influenced and Corrupt Organizations act, but most of them are not from the state.

Several are accused of taking "direct action" in Atlanta and other states that has included vandalizing private property, arson, destruction of government property, threatening and throwing rocks and fireworks at law enforcement and utility workers.

Prosecutors point to the day of the high-profile killing of George Floyd by Minneapolis police officers in May 2020, which sparked national protests against police brutality, as the start of what they call a criminal enterprise. They claim that the activists associated with Defend the Atlanta Forest are tied to the same gang members who fatally shot an 8-year old in the back of her mother’s car over three years ago. The incident occurred after the car pulled into the Wendy’s that was burned down after Rayshard Brooks was shot and killed there by police weeks after Floyd’s murder.

The land lease agreement for the training center’s construction between the city and the Atlanta Police Foundation was not announced until April 2021, and it wasn’t until this year that the lease was approved by the Atlanta City Council after over 14 hours of public commentary largely against it.

Many of those indicted face additional and controversial charges of domestic terrorism, an accusation that most of the arrests in the case were based on and a rarely used state statute that carries a weighty sentence between five and 35 years in prison. 

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The indictment and police reports state that these individuals face terrorism charges for being classified as “domestic violent extremists” by the U.S. Department of Homeland Security. But Homeland Security officials said in June that the agency doesn't designate any groups as domestic violent extremists. And the FBI, which tracks domestic terrorism threats nationwide, told the Atlanta Journal-Constitution that it cautions against using group affiliations to condemn individual behavior.

Three organizers of the nonprofit Network for Strong Communities — which distributes free food across the city and runs the Atlanta Solidarity Fund, which raises money to pay bail and find attorneys for arrested protesters — are accused of funding the group. 

Adele MacLean, 42, Marlon Scott Kautz, 39, and Savannah Patterson, 30, face charges of charity fraud and money laundering after police raided their home office in Dekalb County in June. Several money transfers and reimbursements issued by them are listed in the indictment, with prosecutors accusing them of money launder and misusing donations to fund the “violent acts” of the Defend the Atlanta Forest.

However, charges for some of the defendants did not stem from any violent acts. For Christopher Reynolds, Matthew Macar, Sarah Wasalewsk, Spencer Liberto, Timothy Murphy, Teresa Shen, Georffrey Parsons their charges stem from merely occupying tree houses in the forested area of the proposed site in January.

Georgia Attorney General Chris Carr's decision to include Thomas Jurgens, a Southern Poverty Law Center staff attorney, in the indictment is one of the reasons why Metro Atlanta prosecutor Sherry Boston decided to recuse herself from the prosecution in June.

Jurgens was one of 23 people charged with domestic terrorism on March 5 after several masked demonstrators stormed a construction site and set equipment on fire while throwing projectiles at officers. Jurgens was on site as a legal observer, documenting potential violations of protestors’ rights and his arrest has been condemned by many human rights organizations.

The evidence behind the charges of the others arrested that day have been questioned by their defense attorneys, noting errors in the near-identical arrest warrants. They claim the arrests weren't made till over an hour later about three-quarters of a mile away as the demonstrators retreated back to a nearby music festival that was filled with other peaceful activists.

Fulton County Judge Scott McAfee, who is overseeing the state’s RICO case against former President Donald Trump and his allies, was originally assigned the case. But the judge filed an order of recusal on Tuesday, citing his previous work with the Prosecution Division of the Attorney General’s Office during his tenure at the Georgia Office of the Inspector General where parts of the investigation were discussed. The case will now be overseen by Fulton County Superior Court Judge Kimberly Adams.

The indictment comes as a group of opponents of the controversial training center are actively collecting signatures for a referendum petition in an effort to put the issue on the ballot. This would let voters in a municipal election decide whether the lease agreement, which is expected to cost the city's taxpayers $36 million, should be repealed.

In July, a federal judge sided with residents of Dekalb County, where the facility is set to be built, and ruled they should be allowed to help collect the 70,330 signatures needed for the referendum. The order temporarily blocked Atlanta from enforcing its requirement that only city residents can collect signatures.

Last week, the 11th U.S. Circuit Court granted an appeal from the city of Atlanta to temporarily delay the injunction that extended the collection timeframe by an additional 60 days for the petition drive, which needs 58,231 signatures. The Cop City Vote Coalition said the ruling created some confusion, but that they are continuing to collect signatures in accordance with the extended deadline.

Follow @Megwiththenews
Categories / Criminal, Regional

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